RAM NATH BHATT Vs. STATE

JUDGEMENT

(1.) THESE three appeals arise out of the judgment and order passed by Mr. J. V. N. Jaiswal, the then Additional Sessions Judge, Saharanpur, on 31-8-1979. The learned Judge convicted Chandrabhan, Ramnath, Sureshpal and Jai Prakash Khanna, under Sections 161 and 120-B, IPC and Section 5 (2) of the Prevention of Corruption Act. He sentenced them on the first count to two years' rigorous imprisonment and a fine of Rs. 500/- each, and in default to undergo 3 months' rigorous imprisonment. On the second and third counts also they have been found guilty and each one of them has been convicted and awarded sentences of two years rigorous imprisonment under each count. All the sentences were, however, made to run concurrently.

(2.) THE appeal filed by Chandrabhan was numbered as criminal appeal no. 2782 of 1979. It appears that Chandra Bhan died during the pendency of the appeal and, therefore, the proceedings have abated. THE remaining three appeals were taken up together and arguments of the learned counsel in all were heard and this judgment shall govern all of them.

(3.) IN this manner Nidan Singh and Chandra Bhan came out near the truck and Chandra Bhan asked for the payment of Rs. 200/- as he had got the work done. The currency rotes mentioned earlier were brought out by Nidan Singh, (wrapped in a piece of paper), and given to Chandra Bhan, who obtained them in his left hand. Immediately the raiding party arrived at the scene and Chandra Bhan was taken into custody. A search was made and the currency notes were recovered from his left hand. Mr. Mahak Singh found them to be the same currency notes which had been given for the trap purpose. Chandra Bhan's hands were got washed in the solution of Sodium corbonate. The colour changed to light red. The solution was sealed in a bottle and its memo Ext. ka 5 was prepared. Then the FIR was lodged at the police out-post and currency notes were also handed over there.